Suraj Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 21067 MP

Madhya Pradesh High Court

Suraj Thakur vs The State Of Madhya Pradesh on 12 December, 2023

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
                                              ON THE 12 th OF DECEMBER, 2023
                                          MISC. CRIMINAL CASE No. 53286 of 2023

                           BETWEEN:-
                           SURAJ THAKUR S/O LATE RAM MANOHAR SINGH
                           THAKUR, AGED ABOUT 27 YEARS, OCCUPATION:
                           LABOUR R/O 236 DAKSHIN MILONIGANJ NEAR
                           HARDOL MANDIR NEAR SINDHI KIRAN STORES
                           JABALPUR (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI SANTOSH SAHU - ADVOCATE )

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION LORDGANJ DISTRICT JABALPUR (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI SURDEEP KHAMPARIYA - PANEL LAWYER FOR THE
                           RESPONDENT/STATE, SHRI RAHUL SINGH - ADVOCATE FOR THE
                           OBJECTOR)

                                 This application coming on for admission this day, the court passed the

                           following:
                                                               ORDER

This is an application filed under Section 439 of Cr.P.C. on behalf of applicant, who is in jail since 05.09.2023 in connection with Crime No. 487/2023, registered at Police Station Lordganj District Jabalpur for the offence punishable under Section 408, 34 of the Indian Penal Code.

2. As per prosecution story, on 29.08.2023 the complainant Ramesh Chandra Agarwal filed a report at police station Lordganj alleging that the accused Ram Manohar Kewat is working as an employee in his jewellery shop.

The complainant in his complaint alleged that on 20.06.2023, he had given him Rs.10,00,000/- cash for purchasing gold and silver jewellery from Kolkata, after which the accused alongwith the other co-accused and applicant planned fake story and kept the money on which the report was filed, therefore, police arrested the applicant and send them to judicial custody.

3. Learned counsel appearing for the applicant submitted that the applicant is innocent and is falsely implicated in the present case. Police made him accused on the basis of memorandum of co-accused and on the basis of mere suspicion. Charge-sheet has been filed. The applicant is in custody since 05.09.2023 and trial will take long time to conclude. In these circumstances,

applicant may be enlarged on bail.

4. Learned counsel appearing for the State as well as counsel for objector has opposed the bail application.

5. At this stage, counsel appearing for the applicant submitted that applicant under protest will deposit the said amount to show his bonafide and innocence.

6. Heard learned counsel for the parties.

7. Considering the fact that applicant is ready to deposit an amount of Rs. 2 Lakh under protest to show his bonafide, bail application filed by the applicant is allowed on condition that applicant will deposit an amount of Rs. 2 Lakh before the trial Court/Chief Judicial Magistrate, Bhopal and the said amount will be kept in FDR and will be disposed off at the time of passing of final judgment.

8. It is directed that the applicant shall be released on bail on her furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty thousands

only) with one solvent surety in the like amount to the satisfaction of the trial Court.

9. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in Section 437(3) of Cr.P.C.

Certified copy as per rules.

(PRAMOD KUMAR AGRAWAL) JUDGE anu